Seri Company sells a nutritional supplement made from berries. The process for preparing this supplement is a
Question:
Seri Company sells a nutritional supplement made from berries. The process for preparing this supplement is a valuable trade secret. Earn Company knows how the acceptance of the supplement among public has bribed Seri Company's director. The director has disclosed the process to Earn Company. Later, Earn Company makes the process publicly available, and at the same time starts selling the supplement at bargaining prices. Earn Company contends that it is not liable for misappropriation because the information is now publicly available and therefore not a trade secret.
(a) Is the supplement manufacturing process a trade secret? Why?
(b) Has Earn Company misappropriated a trade secret? Justify your reason.
Business Law Today The Essentials
ISBN: 978-0324786156
9th Edition
Authors: Roger LeRoy Miller, Gaylord A. Jentz